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[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Rules and Regulations]
[Pages 73481-73483]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29805]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0720; Directorate Identifier 2010-NM-252-AD; 
Amendment 39-16867; AD 2011-24-03]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Bombardier, Inc. Model DHC-8-400 series airplanes. This AD results from 
mandatory continuing airworthiness information (MCAI) originated by an 
aviation authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    There has been one reported incident where the main landing gear 
(MLG) failed to extend during testing of the MLG alternate release 
system. Investigation revealed that the door release lever bushing 
was worn, causing an increase in the lateral movement of the release 
cable system. An increase in free-play within the release cable 
system would cause additional wear to the door release lever bushing 
and may lead to the turnbuckle fouling against the nacelle frame. 
The bushing wear at the door release lever and turnbuckle fouling 
could cause a failure in the alternate release system, preventing 
the landing gear from extending in the case of a failure of the 
normal MLG extension/retraction system.
* * * * *
The unsafe condition is loss of control during landing. We are issuing 
this AD to require actions to correct the unsafe condition on these 
products.

DATES: This AD becomes effective January 3, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 3, 
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Fabio Buttitta, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone (516) 228-7303; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on August 1, 2011 (76 
FR 45713). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    There has been one reported incident where the main landing gear 
(MLG) failed to extend during testing of the MLG alternate release 
system. Investigation revealed that the door release lever bushing 
was worn, causing an increase in the lateral movement of the release 
cable system. An increase in free-play within the release cable 
system would cause additional wear to the door release lever bushing 
and may lead to the turnbuckle fouling against the nacelle frame. 
The bushing wear at the door release lever and turnbuckle fouling 
could cause a failure in the alternate release system, preventing 
the landing gear from extending in the case of a failure of the 
normal MLG extension/retraction system.
    This [Transport Canada Civil Aviation] directive is to mandate 
the incorporation of a new maintenance task to prevent excessive 
free-play of the turnbuckle and cable within the alternate release 
system.

The unsafe condition is loss of control during landing. You may obtain 
further information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received.

Request To Refer to Revision Incorporating Temporary Revision

    Horizon Air Industries, Inc. (the commenter) requested that we 
revise paragraph (g) of the NPRM (76 FR 45713, August 1, 2011) to 
reference Revision 7, dated June 5, 2010, of the Bombardier Q400 Dash 8 
Maintenance Requirements Manual (MRM), PSM 1-84-7, instead of 
Bombardier Temporary Revision (TR) MRB-46, dated February 4, 2010, to 
Section 1-32, Systems/Powerplant Maintenance Program, of the 
Maintenance Review Board (MRB) Report Part 1, of the Bombardier Q400 
Dash 8 MRM, PSM 1-84-7. The commenter explained that this TR was 
removed from this MRM by Revision 7 of this MRM; therefore, this TR 
does not exist. The commenter reasoned that referencing Bombardier TR 
MRB-46 in the final rule will force operators to request an alternative 
method of

[[Page 73482]]

compliance to use Revision 7 of this MRM, because this TR is no longer 
included in this MRM. The commenter suggested that, if the AD must 
reference the same document as Canadian AD CF-2010-26, dated August 17, 
2010, then a paragraph needs to be added to the final rule allowing 
operators to remove this TR once it is incorporated into the manual by 
the general revision.
    We agree that operators should be allowed to remove Bombardier TR 
MRB-46 once it is included in the general revision of the Bombardier 
MRM. Therefore, we have revised this final rule to add a note following 
paragraph (g) of this final rule to allow operators to remove 
Bombardier TR MRB-46, dated February 4, 2010, once it has been included 
in the general revisions of the Bombardier Q400 Dash 8 MRM. We have 
revised the final rule and re-identified subsequent notes accordingly.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 65 products of U.S. registry. 
We also estimate that it will take about 1 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $5,525, or $85 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM (76 FR 45713, August 1, 
2011), the regulatory evaluation, any comments received, and other 
information. The street address for the Docket Operations office 
(telephone (800) 647-5527) is in the ADDRESSES section. Comments will 
be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2011-24-03 Bombardier, Inc.: Amendment 39-16867. Docket No. FAA-
2011-0720; Directorate Identifier 2010-NM-252-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
3, 2012.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model DHC-8-400, -401, 
and -402 airplanes, certificated in any category, having serial 
numbers 4001 and subsequent.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing 
Gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    There has been one reported incident where the main landing gear 
(MLG) failed to extend during testing of the MLG alternate release 
system. Investigation revealed that the door release lever bushing 
was worn, causing an increase in the lateral movement of the release 
cable system. An increase in free-play within the release cable 
system would cause additional wear to the door release lever bushing 
and may lead to the turnbuckle fouling against the nacelle frame. 
The bushing wear at the door release lever and turnbuckle fouling 
could cause a failure in the alternate release system, preventing 
the landing gear from extending in the case of a failure of the 
normal MLG extension/retraction system.
* * * * *
The unsafe condition is loss of control during landing.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Within 30 days after the effective date of this AD, revise 
the maintenance program by incorporating Task 323400-203 specified 
in Bombardier Temporary Revision (TR) MRB-46, dated February 4, 
2010, to Section 1-32, Systems/Powerplant Maintenance

[[Page 73483]]

Program, of the Maintenance Review Board (MRB) Report Part 1, of the 
Bombardier Q400 Dash 8 Maintenance Requirements Manual, PSM 1-84-7. 
The initial compliance time for the actions specified in Bombardier 
TR MRB-46, dated February 4, 2010, is within 6,000 flight hours 
after the effective date of this AD. Thereafter, operate the 
airplane according to the procedures and compliance times in 
Bombardier TR MRB-46, dated February 4, 2010.

    Note 1: The revision required by paragraph (g) of this AD may be 
done by inserting a copy of Bombardier TR MRB-46, dated February 4, 
2010, into Section 1-32, Systems/Powerplant Maintenance Program, of 
the Maintenance Review Board (MRB) Report Part 1, of the Bombardier 
Q400 Dash 8 Maintenance Requirements Manual, PSM 1-84-7. When 
Bombardier TR MRB-46, dated February 4, 2010, has been included in 
general revision of the Bombardier Q400 Dash 8 Maintenance 
Requirements Manual, the Bombardier Q400 Dash 8 Maintenance 
Requirements Manual may be removed from Bombardier TR MRB-46, dated 
February 4, 2010, provided that the relevant information in the 
general revision is identical to that in Bombardier TR MRB-46, dated 
February 4, 2010.

No Alternative Actions, Intervals, and/or Critical Design Configuration 
Control Limitations (CDCCLs)

    (h) After accomplishing the revision required by paragraph (g) 
of this AD, no alternative actions (e.g., inspections), intervals, 
and/or CDCCLs may be used unless the actions, intervals, and/or 
CDCCLs are approved as an alternative method of compliance (AMOC) in 
accordance with the procedures specified in paragraph (i) of this 
AD.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (i) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office (ACO), ANE-170, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the ACO, send it to ATTN: Program Manager, Continuing 
Operational Safety, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone (516) 228-7300; fax (516) 794-5531. Before using 
any approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office. The 
AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

Related Information

    (j) Refer to MCAI Canadian Airworthiness Directive CF-2010-26, 
dated August 17, 2010; and Bombardier Temporary Revision MRB-46, 
dated February 4, 2010, to Section 1-32, Systems/Powerplant 
Maintenance Program, of the Maintenance Review Board Report Part 1, 
of the Bombardier Q400 Dash 8 Maintenance Requirements Manual, PSM 
1-84-7; for related information.

Material Incorporated by Reference

    (k) You must use Bombardier Temporary Revision MRB-46, dated 
February 4, 2010, to Section 1-32, Systems/Powerplant Maintenance 
Program, of the Maintenance Review Board Report Part 1, of the 
Bombardier Q400 Dash 8 Maintenance Requirements Manual, PSM 1-84-7, 
to do the actions required by this AD, unless the AD specifies 
otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt 
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone (416) 375-
4000; fax (416) 375-4539; email thd.qseries@aero.bombardier.com; 
Internet http://www.bombardier.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call (425) 227-1221.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on November 8, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-29805 Filed 11-28-11; 8:45 am]
BILLING CODE 4910-13-P
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